❤ Singapore Penal Code 375 n 376 ❤

FYI : Penal 375 and 376 is under the section Sexual Offences.

Penal Code 375 - Rape

(1) Any man who penetrates the vagina of a woman with his penis —

(a) without her consent; or

(b) with or without her consent, when she is under 14 years of age,

shall be guilty of an offence.

(2) Subject to subsection (3), a man who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

(3) Whoever —

(a) in order to commit or to facilitate the commission of an offence under subsection (1) ––

(i) voluntarily causes hurt to the woman or to any other person; or

(ii) puts her in fear of death or hurt to herself or any other person; or

(b) commits an offence under subsection (1) with a woman under 14 years of age without her consent,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

(4) No man shall be guilty of an offence under subsection (1) against his wife, who is not under 13 years of age, except where at the time of the offence —

(a) his wife was living apart from him ––

(i) under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;

(ii) under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;

(iii) under a judgment or decree of judicial separation; or

(iv) under a written separation agreement;

(b) his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;

(c) there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;

(d) there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or

(e) his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.


(5) Notwithstanding subsection (4), no man shall be guilty of an offence under subsection (1) (b) for an act of penetration against his wife with her consent.

Penal Code 376 - Sexual assault by penetration

(1) Any man (A) who —

(a) penetrates, with A’s penis, the anus or mouth of another person (B); or

(b) causes another man (B) to penetrate, with B’s penis, the anus or mouth of A,

shall be guilty of an offence if B did not consent to the penetration. (2) Any person (A) who —

(a) sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of another person (B);

(b) causes a man (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person (C); or

(c) causes another person (B), to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,

shall be guilty of an offence if B did not consent to the penetration. (3) Subject to subsection (4), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. (4) Whoever —

(a) in order to commit or to facilitate the commission of an offence under subsection (1) or (2) ––

(i) voluntarily causes hurt to any person; or

(ii) puts any person in fear of death or hurt to himself or any other person; or

(b) commits an offence under subsection (1) or (2) against a person (B) who is under 14 years of age,

shall be punished with imprisonment for a term of not less than 8 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes.

Penal Code 376A - Sexual penetration of minor under 16

(1) Any person (A) who —

(a) penetrates, with A’s penis, the vagina, anus or mouth, as the case may be, of a person under 16 years of age (B);

(b) sexually penetrates, with a part of A’s body (other than A’s penis) or anything else, the vagina or anus, as the case may be, of a person under 16 years of age (B);

(c) causes a man under 16 years of age (B) to penetrate, with B’s penis, the vagina, anus or mouth, as the case may be, of another person including A; or

(d) causes a person under 16 years of age (B) to sexually penetrate, with a part of B’s body (other than B’s penis) or anything else, the vagina or anus, as the case may be, of any person including A or B,

with or without B’s consent, shall be guilty of an offence.

(2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

(3) Whoever commits an offence under this section against a person (B) who is under 14 years of age shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning. (4) No person shall be guilty of an offence under this section for an act of penetration against his or her spouse with the consent of that spouse. (5) No man shall be guilty of an offence under subsection (1) (a) for penetrating with his penis the vagina of his wife without her consent, if his wife is not under 13 years of age, except where at the time of the offence —

(a) his wife was living apart from him ––

(i) under an interim judgment of divorce not made final or a decree nisi for divorce not made absolute;

(ii) under an interim judgment of nullity not made final or a decree nisi for nullity not made absolute;

(iii) under a judgment or decree of judicial separation; or

(iv) under a written separation agreement;

(b) his wife was living apart from him and proceedings have been commenced for divorce, nullity or judicial separation, and such proceedings have not been terminated or concluded;

(c) there was in force a court injunction to the effect of restraining him from having sexual intercourse with his wife;

(d) there was in force a protection order under section 65 or an expedited order under section 66 of the Women’s Charter (Cap. 353) made against him for the benefit of his wife; or

(e) his wife was living apart from him and proceedings have been commenced for the protection order or expedited order referred to in paragraph (d), and such proceedings have not been terminated or concluded.

Penal Code 376B - Commercial sex with minor under 18

(1) Any person who obtains for consideration the sexual services of a person, who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both.

(2) Any person who communicates with another person for the purpose of obtaining for consideration, the sexual services of a person who is under 18 years of age, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

(3) No person shall be guilty of an offence under this section for any sexual services obtained from that person’s spouse.

(4) In this section, “sexual services” means any sexual services involving —

(a) sexual penetration of the vagina or anus, as the case may be, of a person by a part of another person’s body (other than the penis) or by anything else; or

(b) penetration of the vagina, anus or mouth, as the case may be, of a person by a man’s penis

Penal Code 376C - Commercial sex with minor under 18 outside Singapore

(1) Any person, being a citizen or a permanent resident of Singapore, who does, outside Singapore, any act that would, if done in Singapore, constitute an offence under section 376B, shall be guilty of an offence.

(2) A person who is guilty of an offence under this section shall be liable to the same punishment to which he would have been liable had he been convicted of an offence under section 376B.

Penal Code 376D - Tour outside Singapore for commercial sex with minor under 18

(1) Any person who —

(a) makes or organises any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person;

(b) transports any other person to a place outside Singapore with the intention of facilitating the commission by that other person of an offence under section 376C, whether or not such an offence is actually committed by that other person; or

(c) prints, publishes or distributes any information that is intended to promote conduct that would constitute an offence under section 376C, or to assist any other person to engage in such conduct, shall be guilty of an offence

(2) For the purposes of subsection (1) (c), the publication of information means publication of information by any means, whether by written, electronic, or other form of communication.

(3) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

Penal Code 376E - Sexual grooming of minor under 16

(1) Any person of or above the age of 21 years (A) shall be guilty of an offence if having met or communicated with another person (B) on 2 or more previous occasions ––

(a) A intentionally meets B or travels with the intention of meeting B; and

(b) at the time of the acts referred to in paragraph (a) ––

(i) A intends to do anything to or in respect of B, during or after the meeting, which if done will involve the commission by A of a relevant offence;

(ii) B is under 16 years of age; and

(iii) A does not reasonably believe that B is of or above the age of 16 years

(2) In subsection (1), “relevant offence” means an offence under ––

(a) section 354, 354A, 375, 376, 376A, 376B, 376F, 376G or 377A;

(b) section 7 of the Children and Young Persons Act (Cap. 38); or

(c) section 140 (1) of the Women’s Charter (Cap. 353).

(3) For the purposes of this section, it is immaterial whether the 2 or more previous occasions of A having met or communicated with B referred to in subsection (1) took place in or outside Singapore.

(4) A person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 3 years, or with fine, or with both.

Penal Code 376F - Procurement of sexual activity with person with mental disability

(1) Any person (A) shall be guilty of an offence if —

(a) A intentionally touches another person (B) who has a mental disability;

(b) the touching is sexual and B consents to the touching;

(c) A obtains B’s consent by means of an inducement offered or given, a threat made or a deception practised by A for that purpose; and

(d) A knows or could reasonably be expected to know that B has a mental disability.

(2) Subject to subsection (3), a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

(3) If the touching involved —

(a) penetration of the vagina or anus, as the case may be, with a part of the body or anything else; or

(b) penetration of the mouth with the penis,

a person who is guilty of an offence under this section shall be punished with imprisonment for a term which may extend to 10 years, or with fine, or with both.

(4) No person shall be guilty of an offence under this section for any act with that person’s spouse.

(5) For the purposes of this section —

"mental disability" means an impairment of or a disturbance in the functioning of the mind or brain resulting from any disability or disorder of the mind or brain which impairs the ability to make a proper judgement in the giving of consent to sexual touching;

"touching" includes touching —

(a) with any part of the body;

(b) with anything else; or

(c) through anything,

and includes penetration.


Penal Code 376G - Incest

(1) Any man of or above the age of 16 years (A) who —

(a) sexually penetrates the vagina or anus of a woman (B) with a part of A’s body (other than A’s penis) or anything else; or

(b) penetrates the vagina, anus or mouth of a woman (B) with his penis,

with or without B’s consent where B is to A’s knowledge A’s grand-daughter, daughter, sister, half-sister, mother or grandmother (whether such relationship is or is not traced through lawful wedlock), shall be guilty of an offence.

(2) Any woman of or above the age of 16 years who, with consent, permits her grandfather, father, brother, half-brother, son or grandson (whether such relationship is or is not traced through lawful wedlock) to penetrate her in the manner described in subsection (1) (a) or (b), knowing him to be her grandfather, father, brother, half-brother, son or grandson, as the case may be, shall be guilty of an offence.

(3) Subject to subsection (4), a man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years.

(4) If a man commits an offence under subsection (1) against a woman under 14 years of age, he shall be punished with imprisonment for a term which may extend to 14 years.

(5) A woman who is guilty of an offence under subsection (2) shall be punished with imprisonment for a term which may extend to 5 years.

Penal Code 377 - Sexual penetration of a corpse

(1) Any man who penetrates, with his penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence.

(2) A man who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 5 years, or with fine, or with both.

(3) Any person (A) who causes any man (B) to penetrate with B"s penis, the vagina, anus or mouth, as the case may be, of a human corpse, shall be guilty of an offence if B did not consent to the penetration.

(4) A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

Penal Code 377A - Outrages on decency.

Any male person who, in public or private, commits, or abets the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be punished with imprisonment for a term which may extend to 2 years.

Penal Code 377B - Sexual penetration with living animal

(1) Any person (A) who —

(a) penetrates, with A’s penis, the vagina, anus or any orifice of an animal; or

(b) causes or permits A’s vagina, anus or mouth, as the case may be, to be penetrated by the penis of an animal,

shall be guilty of an offence.

(2) A person who is guilty of an offence under subsection (1) shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both.

(3) Any person (A) who —

(a) causes any man (B) to penetrate, with B’s penis, the vagina, anus or any orifice of an animal; or

(b) causes the vagina, anus or mouth, as the case may be, of another person (B) to be penetrated with the penis of an animal,

shall be guilty of an offence if B did not consent to the penetration.

(4) A person who is guilty of an offence under subsection (3) shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

Penal Code 377C - Interpretation of sections 375 to 377B (sexual offences)

In sections 375 to 377B ––

(a) penetration is a continuing act from entry to withdrawal;

(b) references to a part of the body include references to a part which is surgically constructed (in particular, through a sex reassignment procedure);

(c) for the purposes of identifying the sex of a person —

(i) the sex of a person as stated in that person’s identity card issued under the National Registration Act (Cap. 201) at the time the sexual activity took place shall be prima facie evidence of the sex of that person; and

(ii) a person who has undergone a sex reassignment procedure shall be identified as being of the sex to which that person has been reassigned;

(d) penetration, touching or other activity is “sexual” if —

(i) because of its nature it is sexual, whatever its circumstances or any person’s purpose in relation to it may be; or

(ii) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it (or both) it is sexual;

(e) “vagina” includes vulva

Penal Code 377D - Mistake as to age

(1) Subject to subsections (2) and (3) and notwithstanding anything in section 79, a reasonable mistake as to the age of a person shall not be a defence to any charge of an offence under section 376A (2), 376B or 376C.

(2) In the case of a person who at the time of the alleged offence was under 21 years of age, the presence of a reasonable mistaken belief that the minor, who is of the opposite sex, was of or above —

(a) the age of 16 years, shall be a valid defence to a charge of an offence under section 376A (2); or

(b) the age of 18 years, shall be a valid defence to a charge of an offence under section 376B or 376C.

(3) For the purposes of subsection (2), the defence under that subsection shall no longer be available if at the time of the offence, the person charged with that offence has previously been charged in court for an offence under section 376A, 376B, 376C or 376E, or section 7 of the Children and Young Persons Act (Cap. 38) or section 140 (1) (i) of the Women’s Charter (Cap. 353).